PCN - how to get car back ?

[Amethyst]

A disabled badge holder forgot to put their badge in the car and got a parking fine from the council.

They appealed the parking fine but never heard anything further at all.

The bailiffs clamped (6am) and removed (@ 10am) the car late last week.

What's the right process to follow - statutory declaration that they hadn't received any notice from court or council or bailiffs prior to removal ? Who would the statutory declaration go to ? Would there have to have been something from the magistrates court before bailiffs? ( sorry I really don't know the process with PCN's )

ploddertom ostell

[ploddertom]

We need some more info:
1 - Was the Blue Badge on display prior to the car being clamped?
2 - Is the car a Motability vehicle? If no then is it free of finance?
3 - Did they receive a Notice of Enforcement from the Bailiffs?
4 - Any chance of getting to know the grounds they appealed on?
5 - Are they saying there was no contact from Council, Court or Bailiffs from the time they appealed?

[Amethyst]

Thanks Plodder xxx I shall find out for sure and get back to you

[ploddertom]

You got to bear in my mind that if no contact made within 7 days then it may be sold without further notice.

[Amethyst]

Indeed, and I think we are past that already...

[ULA]

Thank you ploddertom. Have got the answers you need from the individual.

1 - Was the Blue Badge on display prior to the car being clamped? When the car was clamped the person was in a permit holders parking area and since they have a permit badge in the car there was no need to display the blue badge

2 - Is the car a Motability vehicle? If no then is it free of finance? No and Yes

3 - Did they receive a Notice of Enforcement from the Bailiffs? No

4 - Any chance of getting to know the grounds they appealed on? Appealed on the grounds of exceptional circumstances. On 30 May person was taken ill in the car and needed help to get into her flat, so her 8 year old grand-daughter offered to lock the car up and forgot to display the blue badge. The person had parked in a disabled bay.

PCN was issued for parking in a disabled bay without a valid blue badge.

5 - Are they saying there was no contact from Council, Court or Bailiffs from the time they appealed? Nothing

[ULA]

Also person made contact by email to Pelham Excel the enforcement agency within a couple of hours of the car being taken away. They said that the person would need to pay £500? (they are checking the call recording they took) plus the daily charge to get the car back.

[ploddertom]

Thank you for all of that. Is the car correctly registered at the persons address. The way to check this is to ring the Council and ask what address inc Postcode all documentation was sent to. They should also have had several notifications from the Traffic Enforcement Centre. I assume that Pelham also left paperwork when they took the car and wonder if indeed the address was wrong they then applied to have the Warrant reissued to the correct address, ask them what address they have on the Warrant.

You say the car was lifted from a permit holders space - do you know if this is public or private land?

[Setmefree3]

Bailiffs can’t clamp or remove your vehicle if you can prove it has a valid Blue Badge or is a Motability vehicle

https://www.citizensadvice.org.uk/de...-your-vehicle/

[ploddertom]

Bailiffs can’t clamp or remove your vehicle if you can prove it has a valid Blue Badge or is a Motability vehicle

https://www.citizensadvice.org.uk/de...-your-vehicle/

Their advice although well intentioned is flawed. The Badge must be on display.

[Setmefree3]

Their advice although well intentioned is flawed. The Badge must be on display.

Fair point. Though surprised the council passed this on when the person would be classed as vulnerable. Could the owner ask for a copy of the appeal?.

[ULA]

Thanks ploddertom. I'll speak with the person concerned and get back to you with their response as I seem to have got myself in the position of being the intermediary at the moment.

[ploddertom]

Fair point. Though surprised the council passed this on when the person would be classed as vulnerable. Could the owner ask for a copy of the appeal?.

Vulnerability - a lot more difficult than it used to be and each has to be taken on its merits. It is the owner/registered keeper that has made the appeal.

[ploddertom]

Thanks ploddertom. I'll speak with the person concerned and get back to you with their response as I seem to have got myself in the position of being the intermediary at the moment.

Always better to speak with the originator.

[Setmefree3]

Vulnerability - a lot more difficult than it used to be and each has to be taken on its merits. It is the owner/registered keeper that has made the appeal.

I agree. This was a case a while back, whether relevant, just trying to help.

https://www.lgo.org.uk/assets/attach...%20Lambeth.pdf